Inquiry Initiated Against Personnel Who Violated Inter-State Arrest Guidelines: Rajasthan Police Informs Delhi High Court

The Delhi High Court has directed the Rajasthan Police to file an updated status report in a case alleging violation of inter-State arrest guidelines and illegal detention of two accused persons, who are purportedly minors aged 15 and 17 years. A division bench comprising Justice Jyoti Singh and Justice Anish Dayal said:“Having given our thoughtful consideration to the respective submissions of the parties and on perusal of the Status Reports filed by the Delhi Police as also the Rajasthan Police, we are of the view that issues raised by the Petitioner, more particularly, with respect to inter-State arrest, illegal apprehension and detention need consideration.”Yesterday, the Bench had rapped the Rajasthan Police for arresting the two individuals from the national capital, without informing the Delhi Police.A habeas corpus petition was filed by a woman, alleging that her and her relative's son were picked up by “unknown persons dressed in civilian clothes” and that they could trace the whereabouts of the children only after making several representations to the Delhi Police.The children were taken to Pushkar in connection with an alleged robbery case. However, on a pointed query by the Court as to whether local police were informed before visiting Delhi or even thereafter during investigation or before arrest, the Inspector (Pushakr, Rajasthan) appearing virtually- answered in the negative.During the hearing today, the Court perused the status report handed over by the Rajasthan Police stating that the accused were produced before the concerned Magistrate on September 30 within the statutory period and were remanded to judicial custody.It was also stated that medical report of the Medical Board constituted at Government JLN Hospital, Ajmer confirmed that the accused persons were more than 19 years of age. The Superintendent of Police, Ajmer, Rajasthan, joined the proceedings through video conferencing and submitted that inquiry has been initiated against the erring police officials and the the inquiry report shall be rendered on or before October 08.The officer assured the Court that the matter will be handled with responsibility and sensitivity, considering the background of the case.The counsel appearing for the petitioner woman prayed for a direction to the local police for retrieving and preserving the CCTV footage of the concerned area in Delhi from where the two individuals were apprehended.After hearing the parties, the Court directed the Rajasthan Police to file an updated status report, along with copy of the inquiry report, with advance copy to the counsel for the Petitioner and Delhi Government's Standing Counsel (Criminal).“Insp. Ashu Girotra, SHO, PS: Hari Nagar, Delhi, who is present in Court, is directed to place on record the CCTV footage in a pen drive along with still photographs from the relevant part of the footage, in a sealed cover, before this Court. The CCTV footage shall be preserved till further orders of the Court,” the Court said. It clarified that it will be open to the Petitioner or accused persons to take recourse to appropriate remedies available in law, before the competent jurisdictional Court and that the pendency of the habeas corpus case will not come in their way.The matter is now listed before the roster bench on October 08.The petitioner claimed that the arrested individuals were relatives of Deva Pardhi, who recently died in custody of the Madhya Pradesh police. The matter is in Supreme Court and it recently slammed the MP Police for failing to arrest the accused officials.It is also claimed that Pradhi's relatives are being assaulted for seeking action against the Police and the mother claims that the two kids have been illegally detained in this backdrop.She stated that as per inter-state arrest guidelines, the arrested person must be given an opportunity to consult his lawyer before he is taken out of State. However, it is alleged that none of these safeguards or protocols were followed in the present case.Title: KAPOORI BAI v. STATE (NCT OF DELHI) & ORSClick here to read order

Inquiry Initiated Against Personnel Who Violated Inter-State Arrest Guidelines: Rajasthan Police Informs Delhi High Court

Nupur Thapliyal

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